Negligence is both an important concept and an ambiguous one. Here I concentrate upon the sense of creating an unjustifiable, low-probability risk of future harm. This essay attempts to dispel theprevalent view that only a maximizing, utilitarian approach can render intelligible certain features of negligence analysis—its focus on the marginal advantages and disadvantages of the actor's taking a specific precaution, its consideration and balancing of the short-term effects of different actions, and its sensitivity to a multiplicity of factors. Perhaps certain (...) absolutist deontological perspectives are inconsistent with these features; but other deontological perspectives can easily accommodate them. Careful examination of the concept of negligence helps resolve an important debate about the nature of tort law, supporting the view that fault, rather than corrective justice, is the better interpretation and justification of Anglo-American tort doctrine. (shrink)

When a plaintiff has been negligent in the sense that he should have acted otherwise, should the same criterion of negligence apply that would apply if he were creating risks only to others? Indeed, are there any persuasive reasons not to apply a radically different criterion of negligence? Moreover, should the plaintiff's recovery be diminished, outside the category of assumption of risk, even when the plaintiff has not been negligent? What are the justifiable criteria and limits of such plaintiff strict (...) responsibility? There are reasons for caution before concluding that a victim's self-regarding conduct is negligent. A victim often deserves special sympathy in the light of his special predicament, choosing between two evils, the immediate costs of which he must personally bear. Indeed, it might appear that the law is unfair or unduly onerous when it places significant demands on a victim with respect to his own self-regarding behavior. On the other hand, we should not forget that the victim's “duty” to use reasonable care is merely conditional: it applies only in case the victim seeks a remedy against the tortfeasor. (shrink)

Since the publication of Kenneth Howard’s 2017 article, “The Religion Singularity: A Demographic Crisis Destabilizing and Transforming Institutional Christianity,” there has been an increasing demand to understand the root causes and historical foundations for why institutional Christianity is in a state of de-institutionalization. In response to Howard’s research, a number of authors have sought to provide a contextual explanation for why the religion singularity is currently happening, including studies in epistemology, church history, psychology, anthropology, and church ministry. The purpose (...) of this article is to offer a brief survey and response to these interactions with Howard’s research, identifying the overall implications of each researcher’s perspective for understanding the religion singularity phenomenon. It explores factors relating to denominational switching in Jeshua Branch’s research, social memory in John Lingelbach’s essay, religious politics in Kevin Seybold’s survey, scientific reductionism in Jack David Eller’s position paper, and institutional moral failure in Brian McLaren’s article. (shrink)

This review addresses how the criminal law of homicide would be reformulated if it expressed only nonconsequentialist principles. Special attention is given to aggravated and mitigated categories of murder, to difficulties with the author’s “social meaning” approach predicated on responsible choice, to whether aggravating factors for murder should be limited to heinous motives, and to the distinction between justification and excuse in the law of provocation.

Wil Waluchow has advanced perhaps the most convincing argument in favour of what he eloquently termed ‘inclusive legal positivism’, the view that a given legal system could make legal validity depend on moral truths. This chapter refocuses the case for the opposing view of exclusive positivism on the metaphysical tension in seeing law as an institutional social fact and yet for its validity to depend on something that is not a social fact, developing an understanding of official mistake as a (...) way of highlighting that tension. If legal validity itself is understood as a socially constructed status (something with which any legal positivist would agree), key officials (as a group) cannot be wrong about the criteria sufficient for institutional membership having been met. While the officials cannot be wrong about the sufficient conditions, they can be wrong about the necessary (gatekeeping) ones and the moral criteria that inclusive positivists say could be included among the criteria of validity are invariably understood to be necessary conditions. That might look like a point in favour of inclusive positivism, but it is only the sufficient conditions that are constitutive of legal validity. Two facets of legal decisions are then marshalled to buttress the case for exclusive positivism: that almost every legal decision is also a determination of validity, and that all such decisions are systemically treated as correct until reviewed by a court of superior jurisdiction (which is itself a sufficient condition for membership). The implication of this is that moral criteria, understood as gatekeepers for legal validity, cannot be constitutive of legal validity. (shrink)

Immanuel Kant's moral thesis is that reason alone must identify moral laws. Examining various interpretations of his ethics, this essay shows that the thesis fails. G. W. F. Hegel criticizes Kant's Formula of Universal Law as an empty formalism. Although Christine Korsgaard's Logical and Practical Contradiction Interpretations, Barbara Herman's contradiction in conception and contradiction in will tests, and Kenneth Westphal's paired use of Kant's universalization test all refute what Allen Wood calls a stronger form of the formalism charge, they (...) are not free from a weaker form of it. Some philosophers try to avoid both forms of the formalism charge in the following ways: First, some underline the roles of Kant's other formulas. Second, some interpret the Formula of Universal Law teleologically. Third, some claim that a maxim must be something all those potentially affected by it can rationally accept. Fourth, Robert Louden introduces the empirical to evaluate a maxim. All those attempts introduce heteronomy into Kant's ethics. Besides, on the third response, from the fact that all those potentially affected accept a maxim, it does not follow that it is morally right. It is impossible to avoid the formalism charge without making his ethics heteronomous. Thus, Kant's ethics is either empty or heteronomous. Either way it fails to identify moral laws by reason alone. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 41.3 (2003) 417-418 [Access article in PDF] Heidi M. Ravven and Lenn E. Goodman, editors. Jewish Themes in Spinoza's Philosophy. Albany: The State University of New York Press, 2002. Pp. ix + 290. Cloth, $78.50. Paper, $26.95.The current anthology presents an important contribution to the study of Spinoza's relation to Jewish philosophy as well as to contemporary scholarship of Spinoza's metaphysics and political (...) theory.In the opening essay, Lenn Goodman takes upon himself the ambitious task of evaluating Spinoza's positions as to several central disputes throughout the history of philosophy. In this rich and extensive essay Goodman argues that Spinoza's radical rationalism makes him pursue syntheses between traditionally opposed poles. Lee Rice's article, "Love of God in Spinoza," carefully analyzes Spinoza's concept of love and suggests the existence of three kinds of love parallel to the three kinds of knowledge. Warren Montag addresses the unresolved issue of Spinoza's relation to the Kabbalah. Montag sides with Deleuze against the association of Spinozism with the Neo-Platonic theory of emanation, arguing that unlike the Neo-Platonists and Kabbalists, Spinoza's view of God rules out any hierarchy, and does not assume a descent from primal simplicity into complexity. Edwin Curley contributes a beautiful reading of the story of Job and of Maimonides' interpretation of the story. Curley follows Maimonides' discussion of the various positions regarding the question of divine providence and his attempt to identify the speeches of the characters of the book of Job with each of these positions. Following a sensitive consideration of various attempts to [End Page 417] recover Maimonides' own rather concealed view about providence, Curley concludes that "[W]hatever you think Maimonides' final word on Job is, our examination of him certainly supports [Spinoza's] claim that [Maimonides] reads Scripture in terms of Platonic or Aristotelian speculations" (170).Warren Zev Harvey's essay addresses Spinoza's most neglected work, the Compendium of the Grammar of the Hebrew Language. Apart from providing an outline of Spinoza's work as a Hebrew grammarian ("a noun-intoxicated grammarian") and pointing out some of Spinoza's more eccentric views about the nature of the Hebrew language, Harvey makes a compelling case for the importance of the book for the study of Spinoza's metaphysics. He points out a fascinating analogy which Spinoza draws between the parts of speech: (proper) noun, adjectives, and participles, and Spinoza's key metaphysical terms: substance, attributes, and modes. (Think about the weighty implications of this analogy for Curley's interpretation of the substance-mode relation.) According to Harvey, Spinoza's claim that all Hebrew words are derived from nouns is a linguistic parallel to Spinoza's pivotal metaphysical doctrine which makes all things be in the substance (or God). Kenneth Seeskin's article discusses the views of Maimonides and Spinoza on the question of creation and God's relation to the world. Seeskin reconstructs an interesting critical dialogue between these two philosophers. According to Seeskin, both philosophers held that an effect must be similar to its cause. Maimonides' commitment to Negative Theology and to the denial of any common measure between God and finite things forced him to deny causal or explanatory relation between God and the world. What Maimonides can suggest instead is rather to prove that the emergence of the world ex nihilo and according to the divine will, is possible, and even likely given certain astronomical facts of medieval science. Thus, Maimonides would hold that "although we have grounds for believing that creation occurred, we will never be in a position to say how" (120). For Spinoza, such a view constitutes nothing but a "sanctuary of ignorance." Thus, according to Seeskin, Spinoza affirms a clear causal relation between God and the world of finite things insofar as God is said to explain the world. While I tend to agree with most aspects of this analysis, it is important to note that Spinoza also claims that "between the finite and infinite there is no relation" (Letter 54). This... (shrink)

Proponents of corporate moral responsibility take certain corporations to be capable of being responsible in ways that do not reduce to the responsibility of their members. If correct, one follow-up question concerns what leads corporations to fail to meet their obligations. We often fail morally when we know what we should do and yet fail to do it, perhaps out of incontinence, akrasia, or weakness of will. However, this kind of failure is much less discussed in the corporate case. And, (...) where it is discussed, the view is that corporations are less prone to weakness. Here, I argue that proponents of corporate responsibility should say that corporations can and often do instantiate weakness of the will, and that this is important to recognize. Weakness of the will requires certain capacities that these proponents typically take corporations to have. And once this is appreciated, we can assess how corporate weakness might proceed differently than how it does for individuals. We can also begin a conversation about how best to meet the distinctive challenges for recognizing and correcting corporate weakness, using a number of resources from management scholarship. (shrink)

Whereas many philosophers take backwards causation to be impossible, the few who maintain its possibility either take it to be absent from the actual world or else confined to theoretical physics. Here, however, I argue that backwards causation is not only actual, but common, though occurring in the context of our social institutions. After juxtaposing my cases with a few others in the literature and arguing that we should take seriously the reality of causal cases in these contexts, I consider (...) several objections. These objections involve whether the cases should be reinterpreted, whether they are properly within the institution, whether they involve necessitation or else Cambridge changes, whether and how they involve changing the past, and whether this should call us to question institutional reality. I end by suggesting that it is a virtue of our institutions that they allow backwards causation, that this is a kind of technology that they are often built to incorporate. (shrink)

Abstract: Proponents of the this-universe objection to fine-tuning arguments for a multiverse claim that while the multiverse hypothesis raises the probability that some universe is fine-tuned for life, it fails to raise the probability that this one is. Because that is so, they further argue, those who take the fine-tuning of this universe as evidence for the multiverse hypothesis are guilty of a probabilistic fallacy. I argue that a proper evaluation of the this-universe objection requires the development of a general, (...) formal framework for reasoning probabilistically with evidence statements expressed using indexical terms (such as the statement This universe is fine-tuned). I proceed to develop such a framework and then to apply it to the this-universe objection. While my primary aim is to defend the this-universe objection from recent rebuttals, a secondary aim is to exhibit the utility of the framework itself, which has the potential for wider application. (shrink)

This chapter presents arguments for two slightly different versions of the thesis that the value of persons is incomparable. Both arguments allege an incompatibility between the demands of a certain kind of practical reasoning and the presuppositions of value comparisons. The significance of these claims is assessed in the context of the “Numbers problem”—the question of whether one morally ought to benefit one group of potential aid recipients rather than another simply because they are greater in number. It is argued (...) that many of the popular approaches to this problem—even ones that avoid the aggregation of personal value—are imperiled by the incomparability theses. -/- . (shrink)

Groups behave in a variety of ways. To show that this behavior amounts to action, it would be best to fit it into a general account of action. However, nearly every account from the philosophy of action requires the agent to have mental states such as beliefs, desires, and intentions. Unfortunately, theorists are divided over whether groups can instantiate these states—typically depending on whether or not they are willing to accept functionalism about the mind. But we can avoid this debate. (...) I show how a more general view of action captures what is central to action without mentioning mental states, and I argue that a group’s members can fulfill the role in group action that mental states play in our actions. Group behavior is explicable in terms of reasons, regardless of whether the group itself cognizes those reasons. After discussing the kind of reasons at issue and arguing that groups can act in light of them without minds, I assess how this account bears on the question of group responsibility. (shrink)

Kant says that there is a close affinity between the sublime and moral feelings of respect. This suggests a relatively unexplored way that aesthetic experience could be morally improving. We could come to respect persons by experiencing them as sublime. Unfortunately, this is not at all our ordinary experience of people, and it’s not clear how one would come to it. In this paper I argue that this possibility is realized in the portraits of Thomas Eakins. Through a handful of (...) specific techniques, Eakins suggests an incomparable psychological depth to the subjects of his portraits, a suggestion that causes the viewer to experience that subject as sublime in a way not unlike their experience of a vast ocean or endless abyss. -/- . (shrink)

There have been many discussions recently from philosophers, cognitive scientists, and psychologists about group polarization, with online and social media environments in particular receiving a lot of attention, both because of people's increasing reliance on such environments for receiving and exchanging information and because such environments often allow individuals to selectively interact with those who are like-minded. My goal here is to argue that the group epistemologist can facilitate understanding the kinds of factors that drive group polarization in a way (...) that has been overlooked by the existing research. Specifically, I argue that polarization can occur in part because of the ways that members of a group treat the group itself (as opposed to an individual member within that group) as a source of information, and in doing so makes their own position, as well as that of the group, more extreme. I refer to this as a structural factor in driving polarization, and argue that such factors can contribute to explanations of polarization that occurs specifically in an important subset of groups, namely online and social media groups in which little is known about other members within the group, what I refer to as anonymous, semi-anonymous and pseudonymous (ASAP) groups. (shrink)

My aesthetic judgements seem to make claims on you. While some popular accounts of aesthetic normativity say that the force of these claims is third-personal, I argue that it is actually second-personal. This point may sound like a bland technicality, but it points to a novel idea about what aesthetic judgements ultimately are and what they do. It suggests, in particular, that aesthetic judgements are motions in the collective legislation of the nature of aesthetic activity. This conception is recommended by (...) its ability to explain some important but otherwise recondite features of aesthetic practice and, more importantly, by allowing us to ground the normativity of aesthetic judgement in the familiar normativity of practice. It also offers a more systematic way of understanding the rivalry between the ideals of aesthetic universality and diversity. (shrink)

In this chapter, we defend an explanationist version of proper functionalism. After explaining proper functionalism’s initial appeal, we note two major objections to proper functionalism: creatures with no design plan who appear to have knowledge (Swampman) and creatures with malfunctions that increase reliability. We then note how proper functionalism needs to be clarified because there are cases of what we call warrant-compatible malfunction. We then formulate our own view: explanationist proper functionalism, which explains the warrant-compatible malfunction cases and helps to (...) block the above objections. We also advance a positive argument for explanationist proper functionalism. (shrink)

ABSTRACTConventional wisdom holds that there is no lucky knowledge: if it is a matter of luck, in some relevant sense, that one's belief that p is true, then one does not know that p. Here I will argue that there is similarly no lucky understanding, at least in the case of one type of luck, namely environmental luck. This argument has three parts. First, we need to determine how we evaluate whether one has understanding, which requires determining what I will (...) call understanding's evaluative object. I argue that as the evaluative object of knowledge is a belief in a proposition, the evaluative object of understanding is a mental representation of a relational structure. Next, I show that arguments that environmental luck is incompatible with understanding miss the mark by considering cases in which one has a belief in a proposition is lucky to be true, instead of ones in which one's mental representation of a relational structure is lucky to obtain. I agree, then, with those who argue that one can have understanding when one's beliefs are environmentally lucky to be true, but that this compatibility is not relevant when considering the question of whether one can have environmentally lucky understanding. I then present what I take to be a properly constructed case which shows the incompatibility of environmental luck with understanding. (shrink)

A perennial problem in social epistemology is the problem of expert testimony, specifically expert testimony regarding scientific issues: for example, while it is important for me to know information pertaining to anthropogenic climate change, vaccine safety, Covid-19, etc., I may lack the scientific background required to determine whether the information I come across is, in fact, true. Without being able to evaluate the science itself, then, I need to find trustworthy expert testifiers to listen to. A major project in social (...) epistemology has thus become determining what the markers of trustworthiness are that laypersons can appeal to in order to identify and acquire information from expert testifiers. At the same time, the ways in which we acquire scientific information has changed significantly, with much of it nowadays being acquired in online environments. While much has been said about the potential pitfalls of seeking information online, little has been said about how the nature of seeking information online should make us think about the problem of expert testimony. Indeed, it seems to be an underlying assumption that good markers of trustworthiness apply equally well when seeking information from expert testifiers in online and offline environments alike, and that the new challenges and opportunities presented by online environments merely affects the methods by which we can acquire evidence of said trustworthiness. Here I argue that in making this assumption one risks failing to account for how unique features of the ways in which we acquire information online affect how we evaluate the trustworthiness of experts. Specifically, I argue for two main claims: first, that the nature of information-seeking online is such that the extent to which information is susceptible to manipulation is a dominant marker of trustworthiness; second, as a result, one will be more likely to seek out a particular kind of expert testifier in online environments, what I call a cooperative as opposed to preemptive expert. The result is that criteria for expert trustworthiness may look significantly different when acquiring information online as opposed to offline. (shrink)

Schiller says that “it is only through beauty that man makes his way to freedom.” Here I attempt to defend a claim in the same spirit as Schiller’s but by different means. My thesis is that a person’s autonomous agency depends on their adopting an aesthetic identity. To act, we need to don contingent features of agency, things that structure our practical thought and explain what we do in very general terms but are neither universal nor necessary features of agency (...) as such. Without these things, the question of what to do for any individual would be underdetermined. The problem is that adopting such a contingent form of agency amounts to a restriction on what we can do, and so it is a prima facie threat to our autonomy. I will argue that one way, and indeed the only way, of meeting this challenge lies in aesthetic experience. Granting our capacity for aesthetic pleasure the authority to determine the particularities of our agency is compatible with autonomy because doing so means identifying with one’s capacity for pleasure in free and creative activity. Doing this allows us to be both particular sorts of agents and creatures regulated by the universalizing demands of reason. (shrink)

There is widespread consensus that present patterns of consumption could lead to the permanent impossibility of maintaining those patterns and, perhaps, the existence of the human race. While many patterns of consumption qualify as ‘sustainable’ there is one in particular that deserves greater attention: virtual consumption. We argue that virtual consumption — the experience of authentic consumptive experiences replicated by alternative means — has the potential to reduce the deleterious consequences of real consumption by redirecting some consumptive behavior from shifting (...) material states to shifting information states. (shrink)

While social epistemologists have recently begun addressing questions about whether groups can possess beliefs or knowledge, little has yet been said about whether groups can properly be said to possess understanding. Here I want to make some progress on this question by considering two possible accounts of group understanding, modeled on accounts of group belief and knowledge: a deflationary account, according to which a group understands just in case most or all of its members understand, and an inflationary account, according (...) to which a group’s understanding does not depend solely on whether its members understand. I argue that both accounts face problems. The deflationary account has two such problems: aggregation problems that are familiar from discussions of group belief, and the problem of different bases, wherein members possess understanding for different but consistent reasons. The inflationary account faces what I call the problem of distributed grasping: while it is widely accepted that understanding requires a kind of “grasping”, it is hard to make sense of how this requirement could be met at the group level while not necessarily being met by any individual member. Despite its problems, I make a case for the inflationary account. This will require addressing the problem of distributed grasping: to do this, I propose a different way of thinking about the grasping relation at the group level, such that it is constituted by a dependency relationship between members. (shrink)

It is commonly argued that the fact that our universe is fine-tuned for life favors both a design hypothesis as well as a non-teleological multiverse hypothesis. The claim that the fine-tuning of this universe supports a non-teleological multiverse hypothesis has been forcefully challenged however by Ian Hacking and Roger White. In this paper we take this challenge even further by arguing that if it succeeds, then not only does the fine-tuning of this universe fail to support a multiverse hypothesis, but (...) it tends to favor a single-universe hypothesis instead. (shrink)

It is has been argued that there is a problem with moral testimony: testimony is deferential, and basing judgments and actions on deferentially acquired knowledge prevents them from having moral worth. What morality perhaps requires of us, then, is that we understand why a proposition is true, but this is something that cannot be acquired through testimony. I argue here that testimony can be both deferential as well as cooperative, and that one can acquire moral understanding through cooperative testimony. The (...) problem of moral testimony is thus not a problem with testimony generally, but a problem of deferential testimony specifically. (shrink)

Emergence is typically discussed in the context of mental properties or the properties of the natural sciences, and accounts of emergence within these contexts tend to look a certain way. The emergent property is taken to emerge instantaneously out of, or to be proximately caused by, complex interaction of colocated entities. Here, however, I focus on the properties instantiated by the elements of certain systems discussed in social ontology, such as being a five-dollar bill or a pawn-movement, and I suggest (...) that these properties emerge in a distinctive way. They emerge in part because of a system that is far beyond and typically before the object that instantiates them. I characterize how emergence occurs in these cases, juxtaposing it with how emergence is typically discussed. I then consider whether their emergence is best framed as weak or strong as these notions are characterized in the literature, and I reveal what debates are central to answering this question. Though I will not resolve these debates, I do show a collection of views that would vindicate these properties as strongly emergent and downwardly causing. (shrink)

The Causal Exclusion Problem is raised in many domains, including in the metaphysics of macroscopic objects. If there is a complete explanation of macroscopic effects in terms of the microscopic entities that compose macroscopic objects, then the efficacy of the macroscopic will be threatened with exclusion. I argue that we can avoid the problem if we accept that macroscopic objects are ontically vague. Then, it is indeterminate which collection of microscopic entities compose them, and so information about microscopic entities is (...) insufficient to provide a complete explanation of certain properties of macroscopic objects. After outlining this solution, I consider several objections. (shrink)

This Open Access book provides both a broad perspective and a focused examination of cow care as a subject of widespread ethical concern in India, and increasingly in other parts of the world. In the face of what has persisted as a highly charged political issue over cow protection in India, intellectual space must be made to bring the wealth of Indian traditional ethical discourse to bear on the realities of current human-animal relationships, particularly those of humans with cows. Dharma, (...) yoga, and bhakti paradigms serve as starting points for bringing Hindu--particularly Vaishnava Hindu--animal ethics into conversation with contemporary Western animal ethics. The author argues that a culture of bhakti--the inclusive, empathetic practice of spirituality centered in Krishna as the beloved cowherd of Vraja--can complement recently developed ethics-of-care thinking to create a solid basis for sustaining all kinds of cow care communities. (shrink)

Respondeat superior is a legal doctrine conferring liability from one party onto another because the latter stands in some relationship of authority over the former. Though originally a doctrine of tort law, for the past century it has been used within the criminal law, especially to the end of securing criminal liability for corporations. Here, I argue that on at least one prominent conception of criminal responsibility, we are not justified in using this doctrine in this way. Firms are not (...) answerable for the crimes committed by their employees, because firms cannot answer as to why the crime was committed; they lack the authority to offer the employee’s reasons for action. Though this rules out respondeat superior as a general principle, I show contexts in which vicarious liability is still appropriate in the criminal law, and I respond to a number of other concerns raised by this picture. (shrink)

While it is widely acknowledged that knowledge can be acquired via testimony, it has been argued that understanding cannot. While there is no consensus about what the epistemic relationship of understanding consists in, I argue here that regardless of how understanding is conceived there are kinds of understanding that can be acquired through testimony: easy understanding and easy-s understanding. I address a number of aspects of understanding that might stand in the way of being able to acquire understanding through testimony, (...) focusing on understanding ’s paradigmatic form and what it means to say that in order to understand something you need to “grasp” some information or the relationship between bits of information. I argue that in cases of both easy and easy-s understanding, no aspect of understanding stands in the way of it being able to acquire it through testimony. As a result, while not all understanding be acquired through testimony in all instances and for all subjects, this failure of acquisition is only a product of the complexity of the relevant information or one’s unfamiliarity with it, and not a product of the epistemic relationship of understanding. (shrink)

Isaac Levi targets an implicit tension in C.S. Peirce’s epistemology, one that exists between the need to always be open-minded and aware of our propensity to make mistakes so that we do not “block the road of inquiry,” and the need to treat certain beliefs as infallible and to doubt only in a genuine way so that inquiry can proceed in the first place. Attempts at alleviating this tension have typically involved interpreting Peirce as ascribing different normative standards to different (...) areas of inquiry. I argue here that such “double-standard” interpretations face significant problems. I offer instead an interpretation of Peirce on which the differences between different areas of inquiry are descriptive rather than normative. Such a view resolves Levi’s tension while interpreting Peirce as consistently subscribing to one normative standard for all inquiry. (shrink)

As it has been shaped by improvements in its tools and methods, and by its discourse with critics, I describe how the astrological research program has advanced through three stages of modelling and design limitations. Single-factor tests (for example, the many Sun-sign–only experiments that have been published) are typically underdeterministic. Multi-factor tests, unless they are very well designed, can easily become overdeterministic. Chart-matching tests have been vulnerable to confirmation bias errors until the development of a machine-based, whole-chart matching protocol that (...) has objectively produced evidence of high effect-sizes. A meta-analysis of recent results shows the rapid advancement and how to further improve the results. The value of the program is not only to corroborate the taxonomic counterfactuals of astrological “cookbooks,” but to extend their explanatory reach by the comparison of astrological postulates and inferences with philosophies in other disciplines in terms of quantifiable processes and emergent effects. (shrink)

Most business ethicists maintain that corporate actors are subject to a variety of moral obligations. However, there is a persistent and underappreciated concern that the competitive pressures of the market somehow provide corporate actors with a far-reaching excuse from meeting these obligations. Here, we assess this concern. Blending resources from the history of philosophy and strategic management, we demonstrate the assumptions required for and limits of this excuse. Applying the idea of ‘the state of nature’ from Thomas Hobbes, we suggest (...) that corporate actors would be excused from duties if complying with them threatened their vital interests. We show how this excuse is not available for most individuals within firms; instead, it is an excuse perhaps available to firms themselves, but only given substantive assumptions about corporate personhood. For those willing to make these assumptions, we apply the competitive advantage construct to delimit the scope of this excuse. We suggest that firms are excused from fulfilling an obligation when complying leads to a competitive disadvantage, as this imperils the firm’s vital interests. After revealing why this excuse does not generalize, we conclude by considering when we should reform the market to avoid the legitimacy of this excuse. (shrink)

The primary aim of this chapter is to show that several missteps made by others in in their thinking about law as an artefact are due to misconceptions about the role of intentions in understanding law as an artefact. I first briefly recap my own contention that law is a genre of institutionalized abstract artefacts (put forth in The Functions of Law (OUP 2016) and subsequent papers), mostly following Searle’s understanding of institutions and Thomasson’s understanding of public artefacts. I highlight (...) the central place that this theory affords law’s functions, without requiring the theorist to say that possession or performance of the function is either necessary or sufficient for inclusion in the class of law. Some of the most common misunderstandings are exemplified in Brian Leiter’s paper ‘Legal Positivism about the Artifact Law’. He thinks that holding an intentionalist view of artefacts commits the theorist to privileging drafters’ intentions when interpreting law. (It doesn’t.) He also has confusions about the differences between artefact tokens and artefact types leading him to a problematically broad understanding of artefacts. Another problem can be seen in thinking that functional understandings of artefacts are vulnerable to the same problems that arise in functional explanations for biological systems. I go on to consider the work of Luka Burazin and Corrado Roversi, addressing worries that making intentionality central to artefacts implies too much conscious thought is required to make one, noting that several theories of intentionality do not require conscious thought in the execution of intentional action. While those who think a central place for intentionality threatens to leave us unable to explain customary law, this can be dealt with by noting the important distinction between customary rules and customary laws (where the latter requires a decision to enlist public aid in redressing violations). I claim that authors’ intentions are communicated requests for the artefacts’ audiences to see the artefacts as members of their putative kinds. Finally, I address the question of whether or not legal systems are themselves artefacts and institutions, given that they may or may not have been intentionally created. An early lawgiver might have created a legal system by accident in the process of handing down the first laws. I raise the possibility that we might want to impute intentionality to necessary by-products of artefact creation, seeing those by-products as artefacts as well. (shrink)

ABSTRACT Although in recent years Christine Ladd-Franklin has received recognition for her contributions to logic and psychology, her role in late nineteenth- and early twentieth-century philosophy, as well as her relationship with American pragmatism, has yet to be fully appreciated. My goal here is to attempt to better understand Ladd-Franklin’s place in the pragmatist tradition by drawing attention to her work on the nature and unity of the proposition. The question concerning the unity of the proposition – namely, the problem (...) of how to determine what differentiates a mere collection of terms from a unified and meaningful proposition – received substantial attention in Ladd-Franklin’s time, and would continue to interest analytic philosophers well into the twentieth century. I argue that Ladd-Franklin had a distinct theory of the proposition and solution to the problem of the unity of the proposition that she developed over the course of her writings on logic and philosophy. In spelling out her views, I will also show her work interacted with and influenced that of the pragmatist who was her greatest influence, C.S. Peirce. (shrink)

This chapter develops and defends an account of reason: to reason is to scrutinize one’s attitudes by consulting the perspectives of other persons. The principal attraction of this account is its ability to vindicate the unique of authority of reason. The chapter argues that this conception entails that reasoning is a robustly social endeavor—that it is, in the first instance, something we do with other people. It is further argued that such social endeavors presuppose mutual respect on the part of (...) those participating in them. The account therefore yields a form of Kantian constructivism: we have an unconditional duty of respect for persons because such a duty is implicit in the very nature of reasoning. -/- . (shrink)

Alan Hodgkin and Andrew Huxley used abductive reasoning to draw conclusions about the ionic basis of the action potential. Here we build on that initial proposal. First, we propose that Hodgkin and Huxley’s constitutive abductive reasoning has four features. Second, we argue that Hodgkin and Huxley are not alone in giving such arguments. Tolman, 1948, and Baumgartner, 1960, also gave such arguments. The implication is that such arguments are common enough in science that philosophers of science should pay more attention (...) to them. Third, we propose that constitutive abduction describes a method that scientists use to confirm constitutive hypotheses that is an alternative to the mutual manipulability approach that is familiar in the New Mechanist literature. (shrink)

Recently, there has been growing concern that increased partisanship in news sources, as well as new ways in which people acquire information, has led to a proliferation of epistemic bubbles and echo chambers: in the former, one tends to acquire information from a limited range of sources, ones that generally support the kinds of beliefs that one already has, while the latter function in the same way, but possess the additional characteristic that certain beliefs are actively reinforced. Here I argue, (...) first, that we should conceive of epistemic bubbles and echo chambers as types of epistemically pernicious groups, and second, that while analyses of such groups have typically focused on relationships between individual members, at least part of what such groups epistemically pernicious pertains to the way that members rely on the groups themselves as sources of information. I argue that member reliance on groups results in groups being attributed a degree of credibility that outruns their warrant, a process I call groupstrapping. I argue that by recognizing the groupstrapping as an illicit method of forming and updating beliefs we can make progress on some of the open questions concerning epistemically pernicious groups. (shrink)

While the topic of assertion has recently received a fresh wave of interest from Peirce scholars, to this point no systematic account of Peirce’s view of assertion has been attempted. We think that this is a lacuna that ought to be filled. Doing so will help make better sense of Peirce’s pragmatism; further, what is hidden amongst various fragments is a robust pragmatist theory of assertion with unique characteristics that may have significant contemporary value. Here we aim to uncover this (...) theory, and to show that assertion for Peirce is not a mere corollary of pragmatic conceptions of truth, judgement, and belief, but is rather a central aspect of his philosophy. (shrink)

I consider Ralph Waldo Emerson’s creative appropriation of a philosophical doctrine that helps to make sense of an attitude towards life, its gifts and its burdens, that is often expressed in Puritan diaries. The doctrine, now known as the doctrine of continuous creation, holds that in conserving the world, God re-creates it at every moment, making the same creative effort at each ever-advancing now that God made at the very beginning. Continuous creation was explicitly endorsed by at least one Puritan (...) diarist, Jonathan Edwards, and it helps to explain the intense self-inspection and valiant response to life to which other Puritan diarists (including Emerson's aunt, Mary Moody Emerson) testify. Continuous creation was an important ingredient in the idealism of Edwards and, once translated, it became an important ingredient in the idealism of Emerson. My primary aim to describe Emerson’s creative translation of the doctrine as Edwards understood it, but I also discuss Emerson's relation to the Puritan diary, considered as a literary form. I close by suggesting that for us, a version of the doctrine of continuous creation can perhaps be a source of optimism and an incentive to action, as I believe it was for Emerson. I also comment briefly on Emerson's grateful reliance on text-to-text translations. When Emerson studied translations of sacred texts from around the world, what he heard was not difference and dissent, but agreement: agreement on the very points that united him with Edwards, different as they were in other ways. (shrink)

This chapter provides an explanation of precedent as a kind of artefact, in keeping with broader accounts of law that do so, specifically the author’s account of law as a genre of institutionalized abstract artefact. The chapter develops its explanation by responding to an argument by Dan Priel against seeing the common law as an artefact when understood to be a form of custom. The chapter shows that customs can themselves be artefacts but also that the precedential elements of common (...) law are not necessarily quite as customary as sometimes considered, showing that the common law built from precedents fits within a distributed design model of artefacts and that stare decisis has a wider systemic function of upholding certain rule of law principles. It ends with some considerations about the institutional nature of precedents, specifically that judicial decisions are most often both applications and developments of legal norms, but also determinations of legal validity. (shrink)

This article proposes a role for aesthetic judgment in our practical thought. The role is related to those moments when practical reason seems to give out, when it fails to yield a judgment about what to do in the face of a choice we cannot avoid. I argue that these impasses require agents to create, but that not any creativity will do. For we cannot regard a response to one of these problems as arbitrary or capricious if we want to (...) act on it. We must instead regard that response as justified by the problem itself. I suggest that this combination of creativity and normativity is characteristic of aesthetic judgment and this makes it a promising candidate for making these very difficult choices. (shrink)

Abstract: There has recently been controversy over the existence of 'multiple realization' in addition to some confusion between different conceptions of its nature. To resolve these problems, we focus on concrete examples from the sciences to provide precise accounts of the scientific concepts of 'realization' and 'multiple realization' that have played key roles in recent debates in the philosophy of science and philosophy of psychology. We illustrate the advantages of our view over a prominent rival account ( Shapiro, 2000 and (...) 2004 ) and use our work to rebut recent objections to the long-standing claim that psychological properties are multiply realized. For we use scientific evidence, in combination with our more precise theoretical framework, to show that we have strong reason to believe that psychological properties are indeed multiply realized both at the biochemical and neuronal levels. (shrink)

There are many historical concerns about freedom that have come to be deemphasized in the free will literature itself—for instance, worries around the tyranny of government or the alienation of capitalism. It is hard to see how the current free will literature respects these, or indeed how they could even find expression. This paper seeks to show how these and other concerns can be reintegrated into the debate by appealing to a levels ontology. Recently, Christian List and others have considered (...) how the notion of levels could be relevant to the free will debate. Invariably, however, the focus is on the significance of facts at lower levels. The threats come from below, from fundamental physics or neuroscience. Here, I aim to show how we can frame many interesting concerns about free will in terms of threats from above. After arguing that determination from above is no less threatening, I catalogue such concerns that might constitute threats to our freedom. Doing this not only allows us to show how these concerns relate to those standardly discussed, but it pushes us to expand our conception of freedom. (shrink)

The ‘limits of markets’ debate broadly concerns the question of when it is (im)permissible to have a market in some good. Markets can be of tremendous benefit to society, but many have felt that certain goods should not be for sale (e.g., sex, kidneys, bombs). Their sale is argued to be corrupting, exploitative, or to express a form of disrespect. InMarkets without Limits, Jason Brennan and Peter Jaworski have recently argued to the contrary: For any good, as long as it (...) is permissible to give it for free, then it is permissible to give it for money. Their thesis has led to a number of engaging objections, and I leverage recent work on the nature of feasibility within political philosophy to offer a new challenge.I argue that feasibility offers a constraint on which markets can be permissibly implemented. Though it may be possible to create a morally acceptable version of an otherwise repugnant market, some of these markets may be infeasible, and so we are not permitted to implement them. After laying out this challenge, I consider several replies. They concern the relevance of feasibility, and whether any markets really are infeasible. This provides an opportunity to explore the dangers of pursuing the infeasible and with markets generally. I conclude by considering what might lead us to pursue these markets despite their infeasibility, or how knowledge of infeasibility may prove useful regardless. (shrink)

ArgumentIn the United States, scientific knowledge is brought before the courts by way of testimony – the testimony of scientific experts. We argue that this expertise is best understoodfirstas related to the quality of the underlying scienceand thenin terms of who delivers it. Bloodstain pattern analysis (BPA), a contemporary forensic science, serves as the vaulting point for our exploration of objectivity as a metric for the quality of a science in judicial contexts. We argue that BPA fails to meet the (...) minimal standard set by Helen Longino’s social-procedural account of objectivity (1990, 2002). In light of some pressing issues for social-procedural accounts, we offer an infrastructural account of objectivity. This account offers what amounts to a friendly amendment to Longino’s account and adds to the ways in which we might analyze social-procedural objectivity. Finally, we address an issue that is pressing in the legal context: given that scientific knowledge is delivered by individuals, not communities, at least in U.S. courts, we (may) need a way to evaluate individual scientific and epistemic agents. We suggest a means for making this evaluation that is derived from our infrastructural account of objectivity. (shrink)

Many people find comparisons of the value of persons distasteful, even immoral. But what can be said in support of the claim that persons have incomparable worth? This chapter considers an argument purporting to show that the value of persons is incomparable because it is so great—because it is infinite. The argument rests on two claims: that the value of our capacity for valuing must equal or exceed the value of things valued and that our capacity for valuing is unbounded (...) in a very strong sense. After laying out this argument, I consider its implications for how we should regard each other. In particular, I suggest that it complicates efforts to understand morality as a system of principles. Instead, I propose that an aesthetic attitude, not unlike our experience of the sublime, is an apt response to humanity’s infinite value. -/- . (shrink)

Easy-road mathematical fictionalists grant for the sake of argument that quantification over mathematical entities is indispensable to some of our best scientific theories and explanations. Even so they maintain we can accept those theories and explanations, without believing their mathematical components, provided we believe the concrete world is intrinsically as it needs to be for those components to be true. Those I refer to as “mathematical surrealists” by contrast appeal to facts about the intrinsic character of the concrete world, not (...) to explain why our best mathematically imbued scientific theories and explanations are acceptable in spite of having false components, but in order to replace those theories and explanations with parasitic, nominalistically acceptable alternatives. I argue that easy-road fictionalism is viable only if mathematical surrealism is and that the latter constitutes a superior nominalist strategy. Two advantages of mathematical surrealism are that it neither begs the question concerning the explanatory role of mathematics in science nor requires rejecting the cogency of inference to the best explanation. (shrink)

Proponents of the explanatory indispensability argument for mathematical platonism maintain that claims about mathematical entities play an essential explanatory role in some of our best scientific explanations. They infer that the existence of mathematical entities is supported by way of inference to the best explanation from empirical phenomena and therefore that there are the same sort of empirical grounds for believing in mathematical entities as there are for believing in concrete unobservables such as quarks. I object that this inference depends (...) on a false view of how abductive considerations mediate the transfer of empirical support. More specifically, I argue that even if inference to the best explanation is cogent, and claims about mathematical entities play an essential explanatory role in some of our best scientific explanations, it doesn’t follow that the empirical phenomena that license those explanations also provide empirical support for the claim that mathematical entities exist. (shrink)

The problem of multi-peer disagreement concerns the reasonable response to a situation in which you believe P1 … Pn and disagree with a group of ‘epistemic peers’ of yours, who believe ∼P1 … ∼Pn, respectively. However, the problem of multi-peer disagreement is a variant on the preface paradox; because of this the problem poses no challenge to the so-called ‘steadfast view’ in the epistemology of disagreement, on which it is sometimes reasonable to believe P in the face of peer disagreement (...) about P. After some terminology is defined (§1), Peter van Inwagen's challenge to the steadfast view will be presented (§2). The preface paradox will then be presented and diagnosed (§3), and it will be argued that van Inwagen's challenge relies on the same principle that generates the preface paradox (§4). The reasonable response to multi-peer disagreement will be discussed (§5), and an objection addressed (§6). (shrink)

C.S. Peirce held what is nowadays called a “commitment view” of assertion. According to this type of view, assertion is a kind of act that is determined by its “normative effects”: by asserting a proposition one undertakes certain commitments, typically to be able to provide reason to believe what one is asserting, or, in Peirce’s words, one “takes responsibility” for the truth of the proposition one asserts. Despite being an early adopter of the view, if Peirce’s commitment view of assertion (...) is mentioned at all in contemporary discussions it is only in passing. His view is, however, far more complex and nuanced than he has been given credit for. My primary goal here, then, is to get a better understanding of Peirce’s version of a commitment view of assertion. I also argue that figuring out the details of Peirce’s theory of assertion can also provide us with a viable way to respond to problems that contemporary commitment views of assertion face. (shrink)